Some driving under the influence (DUI) charges follow major crashes. Other times, a traffic stop is the reason for a DUI arrest. A driver may not have struggled to control their vehicle. The state might accuse them of a per se DUI offense, and they can face the same penalties as someone who swerved all over the road or caused a single-vehicle crash without injuries.
Learning about what circumstances justify per se DUI charges can help defendants evaluate different defense strategies.
A per se DUI is a technical offense
State law makes it illegal to drive in a noticeably impaired state. It also imposes a strict limit on a driver’s blood alcohol concentration (BAC). Current Georgia statutes impose a BAC limit of 0.08%. That limit aligns with federal requirements, although researchers now believe that lower limits could significantly reduce driving crash rates.
For most adults, proof of poor driving isn’t necessary for a DUI charge. A failed chemical test showing a BAC of 0.08% or higher is all the state needs to secure a conviction.
In some cases, such as when the driver is a teenager or a professional operating a commercial vehicle, the limit that applies is lower. Motorists accused of per se offenses may need to develop specific defense strategies related to the legality of the traffic stop or the accuracy of the testing that occurred.
Understanding the basis for per se DUI charges is the first step toward successfully fighting them. Drivers who work with criminal defense attorneys can increase their chances of avoiding convictions after a DUI arrest.
